Content of Bidding Documents Invitation for Bid 2 Section I - NLB →
Content of Bidding Documents Invitation for Bid 2 Section I - NLB →
1 | P a g e Content of Bidding Documents Invitation for Bid 2 Section I. Instructions to Bidders (ITB) 3-21 Section II. Bidding Data Sheet (BDS) 22-23 Section III. Evaluation and Qualification Criteria 24-26 Section IV. Bidding Forms 28-31 Section V. Schedule of Requirements 33-39 Section VI. Conditions of Contract (CC) 40-53 Section VII. Contract Data 54-57 Section VIII. Contract Forms 59-62 Annexure “A” 63-64 Annexure “B” 65 Annexure “C” 66
2 | P a g e MINISTRY OF FINANCE AND MASS MEDIA NATIONAL LOTTERIES BOARD INVITATION FOR BIDS PRINTING, SUPPLY AND DELIVERY OF “NEEROGA, SEVANA PASSIVE, MEGA POWER & DHANA NIDHANAYA” COMPUTERIZED DRAW LOTTERY TICKETS TO THE NATIONAL LOTTERIES BOARD 1. On behalf of the National Lotteries Board, the Ministry Procurement Committee of National Lotteries Board invites sealed bids for the printing, supply and delivery of the below mentioned computerized draw lottery tickets from eligible and qualified local bidders for a period of one year from the date of signing the agreement.
2. The prospective local bidders who are interested in and eligible for the printing, supply and delivery of the above mentioned computerized draw lottery tickets, can obtained a complete set of bidding documents from the Supply Division, National Lotteries Board, at No. 234/2, Galle Road, Colombo 03, from 26.06.2018 to 16.07.2018 between 10.00 a.m. and 2.30 p.m. from Monday to Friday, other than Public Holidays, on submission of the followings: I. A payment of a non-refundable fee as stated in the table 2 above. II. A written request on a business letterhead, addressed to the General Manager, National Lotteries Board, No.234/2 Galle Road, Colombo 03.
Bid documents could also be inspected free of charge during the time and dates, at the address, specified above. Bid document can also be viewed on the National Lotteries Board website (www.nlb.lk). 3. Bidders may choose to submit bids for one, multiple or all type of lotteries as outlined in the table 2 above. The Ministry Procurement Committee reserves sole right to decide the No. of Contracts to be awarded to any single bidder. In the event of multiple bids, each bid will require individual sets of bidding documents as well as individual bid securities as stated in table above.
4. Sealed bids in duplicate for each bid under registered cover should be posted to reach “The Chairman, Ministry Procurement Committee, National Lotteries Board, No. 234/2, Galle Road, Colombo 03” or deposited in the Tender Box provided for this purpose at the above address on or before 2.30 p.m. on 16.07.2018 The words “Bid for the Printing, Supply and Delivery of ( LOTTERY NAME) computerized draw lottery tickets and BID NUMBER”, as outlined in the table 2 above, should be written on the top left hand corner of the envelope. All bids must be accompanied by a Bid Security to the value stated in the table 2 above valid for a period of 120 days, furnished from a commercial bank operating in Sri Lanka registered with the Central Bank of Sri Lanka, or in the form of a Bank Guarantee/Bank Draft/Cash Payable to the Chairperson, National Lotteries Board, No. 234/2, Galle Road, Colombo 03. 5. Bids will be opened immediately after closing of the bids at the above address without further notice. Bidders or their duly authorized representatives may be present at the time of opening bids. Late bids will be rejected, unopened.
Chairman, Ministry Procurement Committee, National Lotteries Board, No. 234/2, Galle Road, Colombo 03. Telephone No – 2431608 Lottery Type Bid Number Non- refundable Fee (with VAT) Bid Security Value Neeroga Sevana Passive Mega Power Dhana Nidhanaya NLB/SUP/NE/08 NLB/SUP/SP/09 NLB/SUP/MP/10 NLB/SUP/DN/11 Rs. 3,500/- Rs. 3,500/- Rs. 3,500/- Rs. 12,500/- Rs. 235,000/- Rs. 170,000/- Rs. 460,000/- Rs. 605,000/-
3 | P a g e Section I. Instruction to Bidders (ITB) ITB shall be read in conjunction with the Section II, Bidding Data Sheet (BDS), which shall take precedence over ITB. General 1. Scope of Bid 1.1 The Purchaser indicted in the Bidding Data Sheet (BDS), Issues these Bidding Documents for the supply of Goods and Related Services incidental thereto as specified in Section V, Schedule of Requirements. The name and identification number of this procurement are specified in the BDS. The name, identification, and number of lots (individual contracts), if any, are provide in the BDS. 1.2 Throughout these Bidding Documents: (a) The term “in writing” means communicated in written form by mail (other than electronic mail) or hand delivered with proof of receipt.
(b) If the context so requires, “singular” means “plural” and vice versa; and (c) “Day” means calendar day. 2. Source of Funds 2.1 Payments under this contract will be financed by the Sources specified in the BDS. 3. Ethics, Fraud and Corruption 3.1 The attention of the bidders is drawn to the following guidelines of the Procurement Guidelines published by Department of Public Finance. Parties associated with Procurement Actions, namely, suppliers/contractors and officials shall ensure that they maintain strict confidentiality throughout the process; Officials shall refrain from receiving any personal gain from any Procurement Action. No gifts or inducement shall be accepted. Suppliers/contractors are liable to be disqualified from the bidding process if found offering any gift or inducement which may have an effect of influencing a decision or impairing the objectivity of an official. 3.2 The Purchaser requires the bidders, suppliers, contractors, and consultants to observe the highest standard of ethics
4 | P a g e during the procurement and execution of such contracts. In pursuit of this policy: (a) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly of anything of value to influence the action of a public official in the procurement process or in contract execution; (b) “Fraudulent proactive” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract; (c) “collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Purchaser to establish bid prices at artificial, noncompetitive levels; and (d) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract.
3.3 If the Purchaser found any unethical practices as stipulated under ITB Clause 3.2, the Purchaser will reject a bid, if it is found that a Bidder directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract in question. 4. Eligible Bidders 4.1 All bidders shall possess legal rights to supply the Goods Under this contract. 4.2 A Bidder shall not have a conflict of interest. All bidders found to have conflict of interest shall be disqualified. Bidders may be considered to have a conflict of interest with one or more parties in this bidding process, if they: (a) Are or have been associated in the past, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under these Bidding Documents; or
5 | P a g e (b) Submit more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid. 4.3 A Bidder that is under a declaration of ineligibility by the Department of Public Finance (DPF), at the date of submission of bids or at the date of contract award, shall be disqualified. The list of debarred firms is available at the website of Department of Public Finance (www.pfd.gov.lk) 4.4 Foreign Bidder may submit a bid only if so stated in the BDS. 5. Eligible Goods and Related Services 5.1 All goods supplied under this contract shall be complied With applicable standards stipulated by the Sri Lanka Standards Institute (SLSI). In the absence of such standards, the Goods supplied shall be complied to other internationally accepted standards. 6. Sections of Bidding Documents 6.1 The Bidding Documents consist of 2 Volumes, which Include shall the sections indicated below, and should be read in conjunction with any addendum issued in accordance with ITB Clause 8.
Volume 1 o Section I. Instructions to Bidders (ITB) o Section VI. Conditions of Contract (CC) o Section VIII. Contract Forms Volume 2 o Section II. Bidding Data Sheet (BDS) o Section III. Evaluation and Qualification Criteria o Section IV. Bidding Forms o Section V. Schedule of Requirements o Section VII. Contract Data o Invitation for Bid
6 | P a g e 6.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the bid. 7. Clarification of Bidding Documents 7.1 A Prospective Bidder requiring any clarification of the Bidding Documents including the restrictiveness of specifications shall contact the Purchaser in writing at the Purchaser’s address specified in the BDS. The Purchaser will respond in writing to any request for clarification, provided that such request is received not later than ten (10) days prior to the deadline for submission of bids. The Purchaser shall forward copies of its response to all those who have purchased the Bidding Documents, including a description of the inquiry but without identifying its source. Should the Purchaser deem it necessary to amend the Bidding documents as a result of a clarification, it shall do so following the procedure under ITB Clause 8.0 8. Amendment of Bidding Documents 8.1 At any time prior to the deadline for submission of bids, the Purchaser may amend the Bidding Documents by issuing addendum.
8.2 Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have purchased the Bidding Documents. 8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB Sub-Clause 23.2. Preparation of Bids 9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the Preparation and submission of its bid, and the Purchaser shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
7 | P a g e 10. Language of Bid 10.1 The Bid, as well as all correspondence and Documents relating to the Bid (including supporting documents and printed literature) exchanged by the Bidder and the Purchaser, shall be written in English Language. 11. Documents Comprising the Bid 11.1 The Bid shall comprise the following: (a) Bid Submission Form and the applicable Price Schedules, in accordance with ITB Clauses 12, 14 and 15. (b) Bid Security or Bid-Securing Declaration, in accordance with ITB Clause 20; (c) Documentary evidence in accordance with ITB Clauses 18 and 29, that the Goods and Related Services conform to the Bidding Documents; (d) Documentary evidence in accordance with ITB Clause 18 establishing the Bidder’s qualifications to perform the contract if its bid is accepted; and (e) Any other document required in the BDS. 12. Bid Submission Form and Price Schedules 12.1 The Bidder shall submit the Bid Submission Form using the form furnished in Section IV, Bidding Forms. This form must be completed without any alterations to its format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.
13. Alternative Bids 13.1 Alternative bids shall not be considered. 14. Bid Prices and Discounts 14.1 The Bidder shall indicate on the Price Schedule the unit Prices and total bid prices of the goods it proposes to supply under the Contract. 14.2 Any discount offered against any single item in the prices schedule shall be included in the unit price of the item. However, a Bidder wishes to offer discount as a lot the bidder may do so by indicating such amounts appropriately.
8 | P a g e 14.3 If so indicated in ITB Sub-Clause 1.1, bids are being invited for individual contract (lots) or for any combination of contracts (packages). Unless otherwise indicated in the BDS, prices quoted shall correspond to 100% of the items specified for each lot and to 100% of the quantities specified for each item of a lot. Bidders wishing to offer any price reduction (discount) for the award of more than one Contract shall specify the applicable price reduction separately. 14.4 (i) Prices indicated on the Price Schedule shall include all duties and sales and other taxes already paid or payable by the Supplier: (a) On components and raw material used in the manufacture or assembly of goods quoted; or (b) On the previously imported goods of foreign origin. (ii) However, VAT& NBT shall not be included in the price but shall be indicated separately.
(iii) the price for inland transportation, insurance and other related services to deliver the goods to their final destination; (iv) The price of other incidental services 14.5 The Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected, pursuant to ITB Clause 31. 14.6 All lots, if any, and items must be listed and priced separately in the Price Schedules. If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.
15. Currencies of Bid 15.1 Unless otherwise stated in Bidding Data Sheet, the Bidder Shall quote in Sri Lankan Rupees and payment shall be payable only in Sri Lankan Rupees.
9 | P a g e 16. Documents 16.1 To establish their eligibility in accordance with ITB Clause 4, Establishing the Bidders shall complete the Bid Submission Form, included in Eligibility of the Bidder Section IV, Bidding Forms. 17. Documents Establishing the 17.1 To establish the conformity of the Goods and Related conformity of the Goods Services to the Bidding Documents, the Bidder shall furnish and related services as part of its Bid the documentary evidence that the Goods and conform to the technical specifications and standards related specified in Section V, Schedule of Requirements. 17.2 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description (given in Section V, Technical Specifications) of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Schedule of Requirements.
17.3 The Bidder shall also furnish a list giving full particulars, including quantities, available sources and current prices of spare parts, special tool, etc., necessary for the proper and continuing functioning of the Goods during the period if specified in the BDS following commencement of the use of the goods by the Purchaser. 18. Documents 18.1 The documentary evidence of the Bidder’s qualifications to establishing the perform the contract if its bid is accepted shall establish qualifications of the bidder to the Purchaser’s satisfaction: (a) A Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacture’s Authorization using the form included in Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods; (b) that, if required in the BDS, in case of Bidder not doing business within Sri Lanka, the Bidder is or will be (if awarded the contract) represented by an Agent in Sri Lanka equipped and able to carry out the Supplier’s maintenance, repair and spare parts stocking obligations
10 | P a g e prescribed in the Conditions of Contract and /or Technical Specifications; and (c) That the Bidder meets each of the qualification criteria specified in Section III, Evaluation and Qualification Criteria. 19. Period of Validity of Bids 19.1 Bids shall remain valid until the date specified in the BDS. A Bid valid for a shorter date shall be rejected by the Purchaser as non responsive. 19.2 In exceptional circumstances, prior to the expiration of the bid validity date, the Purchaser may request bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB Clause 20, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its bid.
20. Bid Security 20.1 The Bidder shall furnish as part of its bid, a Bid Security or a Bid-Securing Declaration as specified in the BDS. 20.2 The Bid Security shall be in the amount specified in the BDS and denominated in Sri Lankan Rupees, and shall: (a) at the bidder’s option, be in the form of either a bank draft, a letter of credit, or a bank guarantee from a banking institution; (b) Be issued by an institution acceptable to Purchaser. The acceptable institutes are published in the Department of Public Finance. (www.pfd.gov.lk) (c) be substantially in accordance with the form included in Section IV, Bidding Forms; (d) Be payable promptly upon written demand by the Purchaser in case the conditions listed in ITB clause 20.5 are invoked.
(e) be submitted in its original form; copies will not be accepted;
11 | P a g e (f) remain valid for the period specified in the BDS. 20.3 Any bid not accompanied by substantially responsive Bid Security or Bid Securing Declaration in accordance with ITB Sub-Clause 20.1 and 20.2, may be rejected by the Purchaser as non-responsive. 20.4 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB Clause 43. 20.5 The Bid Security may be forfeited or the Bid Securing Declaration executed: (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid submission Form, except as provided in ITB Sub-clause 19.2; or (b) if a Bidder does not agreeing to correction of arithmetical errors in pursuant to ITB Sub-Clause 30.3 (c) if the successful Bidder fails to : (i) sign the Contract in accordance with ITB Clause 42; (ii) furnish a Performance Security in accordance with ITB Clause 43 21. Format and Signing of Bid 21.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB Clause 11 and clearly mark it as “ORIGINAL.” In addition, the Bidder shall submit a copy of the bid and clearly mark it as “COPY”. In the event of any discrepancy between the original and the copy, the original shall prevail.
21.2 The original and the Copy of the bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. 21.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Bid.
12 | P a g e Submission and Opening of Bids 22. Submission, Sealing and Marking of Bids 22.1 Bidders may always submit their bids by mail or by hand. (a) Bidders submitting bids by mail or by hand, shall enclose the original and the copy of the Bid in separate sealed envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. These envelopes containing the original and the copy shall then be enclosed in one single envelope. 22.2 The inner and outer envelopes shall: (a) bear the name and address of the Bidder; (b) be addressed to the Purchaser in accordance with ITB Sub-Clause 23.1; (c) bear the specific identification of this bidding process as indicated in the BDS; and (d) bear a warning not to open before the time and date for bid opening, in accordance with ITB Sub-Clause 261. If all envelopes are not sealed and marked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the bid. 23. Deadline for Submission of Bids 23.1 Bids must be received by the Purchaser at the address and not later than the date and time specified in the BDS. 23.2 The Purchaser may at its discretion, extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB Clause 8, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.
24. Late Bids 24.1 The Purchaser shall not consider any bid that arrives after The deadline for submission of bids, in accordance with ITB Clause. Any bid received by the Purchaser after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.
13 | P a g e 25. Withdrawal and Modification of Bids 25.1 A Bidder may withdraw, or modify its Bid after it has been Submitted by sending a written notice in accordance with ITB Clause 22, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB Sub-Clause 21.2, (except that no copies of the withdrawal Notice are required). The corresponding substitution or Modification of the bid must accompany the respective written notice, all notices must be: (a) submitted in accordance with ITB Clauses 21 and 22 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL’, or “ MODIFICATION”; and (b) Received by the Purchaser prior to the deadline prescribed for submission of bids, in accordance with ITB Clause 23.
25.2 Bids requested to be withdrawn in accordance with ITB Sub- Clause 25.1 shall be returned to the Bidders only upon notification of contract award to the successfully bidder in accordance with sub clause 41.1. 25.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Submission Form or any extension thereof 26. Bid Opening 26.1 The Purchaser shall conduct the bid opening in public at the address, date and time specified in the BDS.
26.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid may be opened at the discretion of the Purchaser. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contain a valid authorization to request the withdrawal and is read out at bid opening. Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Bid. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening. Only envelops that are
14 | P a g e opened and read out at Bid opening shall be considered further. 26.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the Bid Prices, including any discounts and alternative offers; the presence of a Bid Security or Bid Securing Declaration, if required; and any other details as the Purchaser may consider appropriate. Only discounts and alternative offers read out at Bid opening shall be considered for valuation. No Bid shall be rejected at Bid opening except for late bids, in accordance with ITB Sub- Clause 24.1.
26.4 The Purchaser shall prepare a record of the Bid opening that shall include, as minimum: the name of the Bidder and whether there is a withdrawal, or modification; the Bid Price, per lot if applicable, including any discounts, and the presence or absence of a Bid Security or Bid-Securing Declaration. The Bids that were opened shall be resealed in separate envelopes, promptly after the bid opening. The Bidder’s representatives who are present shall be requested to sign the attendance sheet. A copy of the record shall be distributed to all Bidders who submitted bids in time. Evaluation and Comparison of Bids 27. Confidentiality 27.1 Information relating to the examination, evaluation, comparison, and post-qualification (if applicable) of bids, and recommendation of contract award, shall not be disclosed to bidders or any other persons not officially concerned with such process until publication of the Contract Award.
27.2 Any effort by a Bidder to influence the Purchaser in the examination, evaluation, comparison and post-qualification of the bids or contract award decisions may result in the rejection of its Bid. 27.3 Notwithstanding ITB Sub-Clause 27.2, if any Bidder wishes to contact the Purchaser on any matter related to the bidding
15 | P a g e process, from the time of bid opening to the time of Contract Award, it should do so in writing. 28. Clarification of Bids 28.1 To assist in the examination, evaluation, comparison and post-qualification of the bids, the Purchaser may, at its discretion, request any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser shall not be considered for purpose of evaluation. The Purchaser’s request for clarification and the response shall be in writing. No change in the prices or substance of the Bid shall be sought, offered or permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the evaluation of the bids, in accordance with ITB Clause 30.
29. Responsiveness of Bids 29.1 The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself. 29.2 A substantially responsive Bid is one that conforms to all the terms, conditions and specifications of the Bidding Documents without material deviation, reservation or omission. A material deviation, reservation or omission is one that; (a) affects in any substantial way the scope, quality or performance of the Goods and Related Services specified in the Contract; or (b) limits in any substantial way, inconsistent with the Bidding Documents, the Purchaser’s rights or the Bidder’s obligations under the Contract; or (c) if rectified would unfairly affect the competitive position of other bidders presenting substantially responsive bids. 29.3 If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation or omission.
16 | P a g e 30. Nonconformities, Errors and Omissions 30.1 Provided that a Bid is substantially responsive, the Purchaser may waive any non-conformities or omissions in the Bid that do not constitute a material deviation. 30.2 Provided that the Bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.
30.2 Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on the following basis: (a) if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected; (b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and (c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.
30.3 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid- Securing Declaration shall be executed.
17 | P a g e 31 Preliminary Examination of Bids 31.1 The Purchaser shall examine the bids to confirm that all documents and technical documentation requested in ITB Clause 11 have been provided and to determine the completeness of each document submitted. 31.2 The Purchaser shall confirm that the following documents and information have been provided in the Bid. If any of these documents or information is missing, the Bid shall be rejected. (a) Bid Submission Form, in accordance with ITB Sub-Clause 12.1; (b) Price Schedules, in accordance with ITB Sub-Clause 12; (c) Bid Security or Bid Securing Declaration, in accordance with ITB Clause 20.
32 Examination of Terms and Conditions; Technical Evaluation 32.1 The Purchaser shall examine the Bid to confirm that all terms and conditions specified in the CC and the Contract Data have been accepted by the Bidder without any material deviation or reservation. 32.2 The Purchaser shall evaluate the technical aspects of the Bid submitted in accordance with ITB Clause 17, to confirm that all specified in Section V, Schedule of Requirements of the Bidding Documents have been met without any material deviation or reservation.
32.3 If, after the examination of the terms and conditions and the technical evaluation, the Purchaser determines that the Bid is not substantially responsive in accordance with ITB Clause 29, the Purchaser shall reject the Bid. 33 Conversion to Single Currency 33.1 If the bidders are allowed to quote in foreign currencies in accordance with sub clause 15.1, for evaluation and comparison purposes, the Purchaser shall convert all bid
18 | P a g e prices expressed in foreign currencies in to Sri Lankan Rupees using the selling rates prevailed 28 days prior to closing of bids as published by the Central Bank of Sri Lanka. If this date falls on a public holiday the earliest working day prior to the date shall be applicable. 34 Domestic Preference 34.1 Domestic preference shall be a factor in a bid evaluation only if stated in the BDS. If domestic preference shall be a bid evaluation factor, the methodology for calculating the margin of preference and the criteria for its application shall be as specified in Section III, Evaluation and Qualification Criteria.
35 Evaluation of Bids 35.1 The Purchaser shall evaluate each bid that has been determined, up to this stage of the evaluation, to be substantially responsive. 35.2 To evaluate a Bid, the Purchaser shall only use all the factors, methodologies and criteria defined in this ITB Clause 35. 35.3 To evaluate a Bid, the Purchaser shall consider the following: (a) the Bid Price as quoted in accordance with clause 14; (b) price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 30.3; (c) Price adjustment due to discounts offered accordance with ITB Sub-Clause 14.2; and 14.3 (d) adjustments due to the application of the evaluation criteria specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria; (e) Adjustments due to the application of a domestic preference, in accordance with ITB Clause 34 if applicable.
35.4 The Purchaser’s evaluation of a bid may require the consideration of other factors, in addition to the factors stated in ITB Sub-Clause 35.3; if specified in BDS. These factors may be related to the characteristics, performance,
19 | P a g e and terms and conditions of purchase of the Goods and Related Services. The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of bids. 35.5 If so specified in BDS, these Bidding Documents shall allow Bidders to quote for one or more lots, and shall allow the Purchaser to award one or multiple lots to more than one Bidder. The methodology of evaluation to determine the lowest-evaluated lot combinations is specified in Section III, Evaluation and Qualification Criteria.
36 Comparison of Bids 36.1 The Purchaser shall compare all substantially responsive bids to determine the lowest-evaluated bid, in accordance with ITB Clause 35. 37 Post-Qualification of the Bidder 37.1 The Purchaser shall determine to its satisfaction whether The Bidder that is selected as having submitted the lowest evaluated and substantially responsive bid is qualified to perform the Contract satisfactorily. 37.2 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 18. 37.3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the bid, in which event the Purchaser shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s capabilities to perform satisfactorily. 38 Purchaser’s Right to Accept any Bid, and to reject any or all Bids 38.1 The Purchaser reserves the right to accept or reject any bid, and to annual the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders.
20 | P a g e Award of Contract 39 Award Criteria 39.1 The Purchaser shall award the Contract to the Bidder whose offer has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Documents, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. 40 Purchaser’s Right to Vary Quantities at the Time of Award 40.1 At the time the Contract is awarded, the Purchaser reserves The right to increase or the decrease the quantity of Goods and Related Services originally specified in Section V, Schedule of Requirements, provided this does not exceed twenty five percent (25%) or one unit whichever is higher and without any change in the unit prices or other terms and conditions of the bid and the Bidding Documents. 41 Notification of Award 41.1 Prior to the expiration of the period of bid validity, the Purchaser shall notify the successful Bidder, in writing, that its Bid has been accepted.
41.2 Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract. 41.3 Upon the successful Bidder’s furnishing of the signed Contract Form and performance security pursuant to ITB Clause 43, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause 20.4. 42. Signing of the contract 42.1 Within Seven (7) days after notifications, the purchaser shall complete the agreement and inform the successful Bidder to sign it.
42.2 Within Seven (7) days of receipt of such information, the successful Bidder shall sign the Agreement. 43. Performance Security 43.1 Within fourteen days (14) of the receipt of notification of award from the purchaser, the successful Bidder, if required, shall furnish the Performance Security in accordance with the CC, using for that purpose the Performance Security Form included in section VIII contract forms. The employer shall promptly notify the name of the winning Bidder to
21 | P a g e each unsuccessful bidder and discharge the bid securities of the unsuccessful bidders pursuant to ITB Sub – Clause 20.4. 43.2 Failure to the successful Bidder to submit the above mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security or execution of the Bid – Securing Declaration. In that event the Purchaser may award the contract to the next lowest evaluated Bidder, whose offer is substantially responsive and is determined by the purchaser to be qualified to perform the contract satisfactorily.
22 | P a g e Section II. Bidding Data Sheet (BDS) The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB).Whenever there is a conflict; the provisions herein shall prevail over those in ITB. ITB Clause Reference A. General ITB 1.1 The Purchaser is : National Lotteries Board ITB 1.1 The name and identification number of the Contract are: Printing, Supply & Delivery of Dhana Nidhanaya Computerized Draw Lottery Tickets to the National Lotteries Board. NLB/SUP/DN/11 ITB 2.1 The Source of funding is: Funds of National Lotteries Board. ITB 4. 2 Eligible Bidders: To become eligible for contract award, 1. Successful bidder should be a local registered supplier and not has been black listed. 2. Any bidder who is already engaged in printing, supply and delivery of lottery tickets to any other institution in Sri Lanka in any manner is not eligible to submit bids.
3. Any Director, Proprietor or a Partner of the bidding company who is also a Director, Proprietor or a Partner in another company which is in the process of printing, supply and delivery of lottery tickets to any other institution conducting lotteries in Sri Lanka is not eligible to submit bids. ITB 4. 4 Foreign Bidders may not be allowed to submit bids. B. Contents of Bidding Documents ITB 7.1 For Clarification of bid purposes only, the Purchaser’s address is Attention : Assistant General Manager (Supply / Distribution) Address: No.234/2, Galle Road, Colombo 03.
Telephone : 011-2431608 Facsimile Number : 011-2458598 E-mail :email@example.com In case, the prospective bidder seeks any clarification of the Bid, bidder shall immediately bring same to the notice of the above address. Clarification will be accepted only up to 06.07.2018. The Pre-bid meeting will be held on 06.07.2018 at 1.30 p.m at National Lotteries Board, 3rd floor (Board room), Galle Road, Colombo 03 C. Preparation of Bids ITB 9.1 Cost of Bidding: Cost of bidding shall be borne entirely by the prospective Bidders. ITB 10.1 Language of Bid : English ITB 11.1 Documents Comprising the Bid : The Bidder shall submit the following additional documents : Certified Copy of the Company/ Business Registration Company Profile (As per the annexure A) Details of similar supplies made to other institutions if any. List of machinery details only for relevant to lottery printing. (Type of Machines, Capacity of the Machines and Make & Model) Detail of available experience of the technical and non-technical staff with qualifications Proposal presented (Should be submitted in details) a) Technology Used b) Design c) Security System Period required for a confirm of an Order Agreed to print instructions in three (3)languages (Sinhala, Tamil & English) The bidder should provide sample data base for a given number range for a given quantity within the specific period to evaluate the ability to match with the prize structure. 50(Fifty) sheets of A4 size papers which used to print tickets are submitted with each bid document.
20 sheets of sample tickets as per the specification with requested security feature are attached as sample tickets. (Annexure B) Past experiences in relevant field. (Submit documents to prove the qualification criteria under points 14 & 15 in Evaluation & Qualification Criteria of the bid document)
23 | P a g e Financial and technical capability to carry out the contract. (Documentary or other evidence should be submitted to prove the ability) Audited financial statements for immediate last 03 years should be submitted ITB 13.1 Alternative bids shall not be considered. ITB 14.5 The Price Quoted by the bidders shall be fixed. ITB 19.1 The bid shall be valid Until 23.10.2018 ITB 19.2 The extended period of the bid may be decided by the Chairman, Ministry Procurement Committee. ITB 20.1 Bid shall include a Bid Security in favors of National Lotteries Board Issued by a Commercial bank registered with Central Bank of Sri Lanka as per included in Section IV Bidding Forms. Non submission of the bid security as per the given form in section IV will be rejected.
ITB 20.2 The amount of the Bid Security Shall be not less than Rs. 605,000/-. The Validity period of the bid Security shall be until 12.11.2018 ITB 20.3 Any bid not companied by substantially responsive Bid Security or Bid Security declaration in accordance with ITB sub-clause 20.1 and 20.2, may be rejected by the National Lotteries Board as non-responsive. ITB 20.4 Bid security of the successful bidder will be released after accepting of the Performance Security and after signing of the Agreement. Bid Securities of the unsuccessful bidders will be released after awarding the contract.
ITB 20.5 Bid Security will be forfeited if a bidder withdraws its bid during the period of bid validity and /or if the selected bidder fails to sign the agreement and /or fails to submit the performance Security within the stipulated time period. ITB 21.2 Format & Signing of Bids : Original and duplicate of the bids shall be typed, or hand written in indelible ink in the format given as the Section IV bidding forms (in page 28-31) and signed by the authorized signatories. ITB 21.3 Any change, addition, deletion, alteration or interpolation should be legibly indicated and should be authenticated by the authorized signatories. All the bids received non conformity to these requirements are liable to be rejected.
D. Submission and Opening of Bids ITB 22.1 Submission, Sealing & Marking of Bids : Sealed Bids should be deposited in the tender box kept at 3rd floor Administration Division, National Lotteries Board, No. 234/2, Galle Road, Colombo 03 or also be sent by registered post so as to reach the Chairman, Ministry Procurement Committee, National Lotteries Board, No. 234/2, Galle Road, Colombo 03 before the closing time and date specified. All bids should be properly sealed and submitted in duplicate in separate covers marked “Original” and “Duplicate” on the top center of the envelope. Above two said envelopes should be contained in another envelope and properly sealed.
ITB 22.2 The inner and outer envelops shall bear the following identification marks : On the top left hand corner of each cover should be marked “Bid for Printing, Supply & Delivery of “Dhana Nidhanaya” Computerized Draw Lottery Tickets (NLB/SUP/DN/11)”. Each cover should also be affixed with the Company seal of the prospective Bidder and addressed to “The Chairman, Ministry Procurement Committee, National Lotteries Board, No. 234/2, Galle Road, Colombo 03. ITB 23.1 For bid submission purposes, the Purchaser’s name and address is : General Manager, National Lotteries Board, No.234/2,Galle Road, Colombo 03 The deadline for the submission of bids is : Date: 16.07.2018 , Time :2.30p.m ITB 24.1 Late Bids: Any bid received after the deadline for submission of bids shall be declared late, rejected, unopened and returned to the bidder.
ITB 26.1 The bid opening shall take place at : Address : National Lotteries Board, 3rd floor (Board Room), No.234/2,Galle Road, Colombo 03 Date: 16.07.2018 , Time :2.30p.m E. Evaluation and Comparison of Bids ITB 34.1 Domestic preference shall not be a bid evaluation factor. ITB 35.4 The bids will be evaluated based on the evaluation and qualification criteria stated in page 24-26 to the bid document under section iii –Evaluation and Qualification Criteria. ITB 39.1 Award Criteria : The Ministry Procurement Committee reserves sole right to decide the No. of Contracts to be awarded to any single bidder.
24 | P a g e Section III. Evaluation and Qualification Criteria 1. Eligible bidders should have the following requirements and should prove same with documentary evidence sent along with their offers. 1.1 A Local Bidder means:- a. Should be a citizen of Sri Lanka b. If bidder is a Sole Proprietor, it should have a valid registration either for a Sole Proprietor ownership with the respective Government Authority of Sri Lanka. c. If bidder is a Partnership, it should have a valid registration for a Partnership with the respective Government Authority of Sri Lanka or d. If bidder is a Public Limited Liability, it should have a valid registration as a Public Limited Liability Company incorporated under the Companies Act No. 07 of 2007 of the Government of Sri Lanka or e. If bidder is a Private Limited Liability Company, it should have a valid registration as a Private Limited Liability Company incorporated under the Companies Act No. 07 of 2007 of the Government of Sri Lanka.
f. A set of copies of the registration documents certified by a Justice of the Peace should be submitted along with the bid. g. At the time of the submitting the bid, Bidder should have a required level of printing facilities in Sri Lanka. h. Any bidder who is already engaged in printing supply and delivery of lottery tickets to any other Institution in Sri Lanka in any manner is not eligible to submit bids. The bidder should clearly state in his bid that he is not a supplier of any lottery tickets to any other Institution conducting lotteries in Sri Lanka.
2. A well Established Organization means :- Should possess the following requirements and documentary evidence should be submitted along with the bid. (I) a.) Bidder should have minimum of immediate last 3 years experience in security printing, bar- coding, data base creating and should have all equipment for the production and technical competency in-house. Documentary evidence should be submitted along with the bid. b.) Bidder should have appropriate IT competency to generate required draw database according to the prize structures given by the purchaser from time to time.
(II) a.) Organization management structure, Number of Employees of each Category, Qualifications and Experience of each Director and each Senior Employee, IT staff, nominated for the project. Documentary evidence for qualifications and experience should also be sent. The senior IT staff Member should have a B.Sc. degree in Computer Science or equivalent and at least five years IT Related Work experience. b.) Details of the Security Service and the personnel proposed to be deployed to secure the production until the delivery of same to the National Lotteries Board. Facilities available for additional security if required to be deployed during the process of production should also be indicated.
c.) Details of the facilities available for First Aid, Lodging, Toilet, Canteen, Welfare, Recreation etc. for the employees to minimize their outside contacts in the process of production. d.) Whether the EPF & ETF are being paid to the employees. If yes, provide documentary evidence.
25 | P a g e e.) Whether exempted from the payment of taxes imposed by the Government of Sri Lanka. If yes, provide documentary evidence. f.) Whether obtained VAT and NBT registration Number. If yes, provide a copy of the certificate. g.) Whether maintain any Income Tax File. If yes, provide documentary evidence. h.) System management maintained for an un-interrupted process of production. i.) A List of check methods implemented to ensure the accuracy of the production. j.) A copy of the Company profile should also be sent as per Annexure A k.) Bidder should confirm in writing in his bid that he is not a supplier of any lottery tickets to any other institution conducting lotteries in Sri Lanka.
3. Qualifications and experience:-Qualified and experience personnel should be available in the organization not only for the entire process of production but also for explaining each and every point of the process. Bidders should submit certified details of each process of production. Name and position of the officer certified each process of production should be indicated. 4. Required Machinery, Equipment and Facilities:- Required Machinery, Equipment and other Facilities should be available under one roof. The following details should also be submitted. a. Make country of origin, volume per hour, type of damping, number of colours of the printing machine posed to be directly deployed. A condition report of the machinery aged over five years should be certified by a chartered engineer.
b. Full details of the Standby Generator available c. Details of the additional printing machines available. d. Details of the guillotines machines. e. Machine shall be inline which consists of printing, auto error detection facility, variable data printing, Overlay printing and perforation as indicated in the technical specification. f. Details of packing and pasting. g. Documentary evidence for the machinery. h. In case of failure of machineries the supplier should have alternative arrangement to supply lottery tickets continuously to meet market demand. Backup Solutions for printing.
5. Software Package:- The software package should be able to perform the following functions. a. Calculating the combinations according to the prize structures given by the purchaser. b. Preparing an accurate database according to the prize structures and evenly distribute records across the prepared database. The maximum variation allowed at each prize level is + or - 5%. c. Printing of serial numbers, winning numbers, draw dates and barcode numbers on the face of the lottery tickets. d. Cross-checking the printed lottery tickets against the database to verify the accuracy of the printing. e. Handling misprints and reprints.
f. Ensuring high security of the application with different security levels for entire process.
26 | P a g e g. The software package should consist of robust and reliable front-end and back-end (Database Management System). h. Software package should be completely audited by a locally recognized audit firm and audit report should be submitted to the purchaser before starting of lottery printing. 6. Storage: - Ample space should be available in house for appropriate condition of storing finished products at least for three (3) draws of ticket and for storing of raw materials for a minimum period of three months. Monitoring system should be made available for maintaining stocks levels. The method of replenishing stocks should also be notified.
7. Contractual Obligations:- Supplier should indicate current contracts in hand and the date of expiry of such contracts. 8. Current Orders in Hand:- Names of the clients and contact details should be submitted along with the performance certificates issued by the clients. 9. Audited Financial Reports:- Supplier should submit the audited financial reports of immediate last three (3) years. 10. Facilities Required:- The entire process of production should be carried out by the Supplier under one roof so as to easily inspect the process of production by the qualified officials appointed by the purchaser and for maintaining the security requirements.
11. Bid Security, Performance Bond and Insurance Cover: -Should be in terms of the conditions stipulated by the purchaser and able to provide within the time period specified. 12. Lowest evaluated substantially responsive Bidder should be able to print and produce Draw Lottery Tickets as per the given Prize Structure prior to accepting the offers. 13. Total value of price quoted under different sizes will be taken for consideration of price evaluation. 14. Bidder shall have Completed a similar printing contract worth Rs.100M during last 03 (Three) years. 15. Bidder shall have annual average printing turnover for similar works over Rs.200M during last 03 (Three) years.
27 | P a g e Section IV. Bidding Forms Page No. 1. Bid Submission Form . 28 2. Price Schedule . 29 3. Bid Security (Guarantee . 30 4. Manufacturer’s Authorization . 31
28 | P a g e Bid Submission Form [The Bidder shall fill in this Form in accordance with the instructions indicated. No alterations to its format shall be permitted and no substitutions shall be accepted.] Date … . No … … To ( Insert complete name of Purchaser) We, the undersigned, declare that: (a) We have examined and have no reservations to the Bidding Documents, including Addenda No.: [ Insert the number and issuing date of each Addendum]; (b) We offer to supply in conformity with the Bidding Documents and in accordance with the Delivery Schedules specified in the ITB for the Printing, Supplying & Delivery of Dhana Nidhanaya Computerized Draw Lottery Tickets. … … (c)The total price of our Bid without VAT, including any discounts offered is … . (Insert the total bid price in words and figures) (d) The total price of our Bid including VAT, and any discounts offered is … . (e) Our bid shall be valid for the period of time specified in ITB Clause 19from the date fixed for the bid submission deadline in accordance with ITB and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
(f) If our bid is accepted, we commit to obtain a performance security in accordance with ITB 43 (g) Our firm, its affiliates or subsidiaries—including any subcontractors or suppliers for any part of the contract has not been declared blacklisted by the National Procurement Agency; (h) We understand that this bid, together with your written acceptance thereof included in your notification of award, shall constitute a bidding contract between us, until a formal contract is prepared and executed. (i) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.
Signed : [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the bid submission form] Name: [insert complete name of person signing the bid submission form] Duly authorized to sign the bid for and on behalf of : [insert complete name of Bidder] Dated on . day of [ insert date of signing]
29 | P a g e Price Schedule for the Anticipated Quantity for Dhana Nidhanaya Lottery per annum PRINTING, SUPPLY AND DELIVERY OF DHANA NIDHANAYACOMPUTERIZED DRAW LOTTERY TICKETS. 01. Anticipated quantity per draw stated above is based on previous data which may vary according to the National Lotteries Board requirements. 02. The National Lotteries Board reserved the right to decide the size of the ticket and no of draws per annum from each size. 03. Total value of price quoted under different sizes, will be taken into consideration for price evaluation. . .
Date Signature of the bidder (with rubber Stamp) Name & Designation SNo. Description Size 01 (10 tickets for Sheet) Size 02 (08 tickets for Sheet) Size 03 (06 tickets for Sheet) Size 04 (04 tickets for Sheet) Grand Total (For all 4 sizes) A Name of the Lottery Dhana Nidhanaya Dhana Nidhanaya Dhana Nidhanaya Dhana Nidhanaya Dhana Nidhanaya B Anticipated Qty. Per Draw (approximately) 700,000 86 draws (Wednesday & Friday) + 550,000 52 draws (Sunday) 2,000,000 04 draws (Wednesday & Friday) 2,000,000 04 draws (Wednesday & Friday) 2,500,000 10 draws (Wednesday & Friday) 104 52 C Expected No. of Draws Per annum 138 draws 04 draw 04 draws 10 draws 156 draws D Anticipated Total Qty. Per annum (approximately) 88,800,000 8,000,000 8,000,000 25,000,000 129,800,000 E Paper Cost LKR Total per annum F Printing and Other Costs LKR Total per annum G NBT – LKR Total per Annum H VAT - LKR Total per Annum I Other Taxes LKR per Annum J Total Amount LKR Per annum in Figures K Total Amount LKR Per annum in words
30 | P a g e Format for Bid Security [This Bank Guarantee form shall be filled in accordance with the instructions indicated in Brackets] [ Insert issuing agency’s name and address of issuing branch or office - - Beneficiary [ insert (by PE) name and address of Employer/Purchaser] Date [ insert (by issuing agency) date] BID GUARANTEE No [ insert (by issuing agency) number] We have been informed that [ insert (by issuing agency) name of the Bidder; if a joint venture, list complete legal names of partners] (hereinafter called "the Bidder") has submitted to you its bid dated [ insert (by issuing agency) date] (hereinafter called "the Bid") for the execution/supply [select appropriately] of [insert name of Contract] under Invitation for Bids No.
[ insert IFB number] (“the IFB”). Furthermore, we understand that, according to your conditions, Bids must be supported by a Bid Guarantee. At the request of the Bidder, we [ insert name of issuing agency] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [ insert amount in figures [ insert amount in words]) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder: (a) Has withdrawn its Bid during the period of bid validity specified; or (b) Does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”) of the IFB; or (c) Having been notified of the acceptance of its Bid by the Employer/Purchaser during the Period of bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) Fails or refuses to furnish the Performance Security, in accordance with the ITB.
This Guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of the Contract signed by the Bidder and of the Performance Security issued to you by the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder that the Bidder was unsuccessful, otherwise it will remain in force up to ( insert date) Consequently, any demand for payment under this Guarantee must be received by us at the office on or before that date _ _ [Signature of authorized representative(s)]
31 | P a g e Manufacturer’s Authorization [The Bidder shall require the Manufacturer to fill in this Form in accordance with the Instructions indicate. This letter of authorization should be on the letterhead of the Manufacturer and should be signed by a person with the proper authority to sign Documents that are binding on the Manufacturer. The Bidder shall include it in its bid, if so indicated in the Tender Conditions.] Date [ Insert date (as day, month and year) of Bid Submission] No [ Insert number of bidding process] To [ Insert complete name of Purchaser] WHEREAS We … [ insert complete name of Manufacturer], who are official manufacturers of . [ insert type of goods manufactured], having factories at [ Insert full address of Manufacturer’s factories], do hereby authorize [ Insert complete name of Bidder] to submit a bid the purpose of which is to provide the following Goods, manufactured by us . [ insert name and or brief description of the Goods], and to subsequently negotiate and sign the Contract. We hereby extend our full guarantee and warranty in accordance with the Conditions of Contract, with respect to the Goods offered by the above firm. Signed [ Insert signature(s) of authorized representative(s) of the Manufacturer] Name [ Insert complete name(s) of authorized representative(s) of the Manufacturer] Title [ Insert title] Duly authorized to sign this Authorization on behalf of . . [Insert complete name of Bidder] Dated on _ day of [ insert date of Signing)
32 | P a g e Section V. Schedule of Requirements Page No. 1. List of Goods and Delivery Schedule . 33 2. Technical Specifications . 34-37 3. General Specifications . 38 4. Factory Inspections and Tests . 39
33 | P a g e List of Goods and Delivery Schedules Line Item No. Description of Goods Anticipated Quantity per Draw Anticipated Draws per Annum Anticipated Qty. (approximately) Pack size Expected Delivery Period 01. Dhana Nidhanaya Computerized Draw Lottery Tickets Size 01 700,000 550,000 86 52 60,200,000 28,600,000 250 or 500 250 or 500 Tickets should be delivered to the Head Office of NLB in the required packaging at least ten (10) days prior to the date of each Lottery Draw. 02. Dhana Nidhanaya Computerized Draw Lottery Tickets Size 02 2,000,000 04 8,000,000 400 Tickets should be delivered to the Head Office of NLB in the required packaging at least ten (10) days prior to the date of each Lottery Draw.
03. Dhana Nidhanaya Computerized Draw Lottery Tickets Size 03 2,000,000 04 8,000,000 300 Tickets should be delivered to the Head Office of NLB in the required packaging at least ten (10) days prior to the date of each Lottery Draw. 04. Dhana Nidhanaya Computerized Draw Lottery Tickets Size 04 2,500,000 10 25,000,000 400 Tickets should be delivered to the Head Office of NLB in the required packaging at least ten (10) days prior to the date of each Lottery Draw. (a).All deliveries of Dhana Nidhanaya Computerized Draw Lottery Tickets should be made in unopened packs in the manner as requested by the National Lotteries Board within the agreed period of time and at the expense of the supplier. Security should be provided from the point of dispatching and until officially handed over to the National Lotteries Board. Delivery notes should be certified by the supplier and the officer nominated by the National Lotteries Board.
(b).If the supplier anticipate at any time during the period of the execution of the contract, that the supplier will not be able to comply with the time schedule for delivery ,the supplier shall inform such fact promptly in writing to the Chairperson, National Lotteries Board explaining the cause for the delay and the period involved. In case of any delay, the National Lotteries Board shall have the option either to grant an extension or to terminate the contract and collect the performance Bond without prejudice to any other and further claims that may be lodged in this regard.
(c).The Chairman Ministry Procurement Committee further reserves the sole right to purchase any short fall and / or additional quantities of Dhana Nidhanaya computerized Draw Lottery Tickets from the next qualified Bidder based on any delay on the part of the prospective supplier and /or on the demand of the computerized Draw Lottery Tickets and or at the discretion of the Ministry Procurement Committee. The decision of the Ministry Procurement Committee shall be final and conclusive.
34 | P a g e TECHNICAL SPECIFICATIONS Serial No Description Compliance Yes/ No Bidder’s Offer A. Ticket Size and Construction Size 01 105mm x 59.4mm 10 tickets per sheet (2 columns of 5 tickets in each) and machine perforation between tickets to facilitate easy separation of tickets without damaging each other. Size 02 105mm x 74.25mm 8 tickets per sheet (2 columns of 4 tickets in each) and machine perforation between tickets to facilitate easy separation of tickets without damaging each other. Size 03 148.5mm x 70mm 6 tickets per sheet (3 columns of 2 tickets in each) and machine perforation between tickets to facilitate easy separation of tickets without damaging each other. Size 04 210mm x 74.25mm 4 tickets per sheet (2 columns of 2 tickets in each) and machine perforation between tickets to facilitate easy separation of tickets without damaging each other. B. Quantity A weekly requirement of tickets shall be decided by the National Lotteries Board and communicated to the supplier 14 days prior to the date of supply. However there may be emergency situations whereby tickets may be requested by the National Lotteries Board at a short notice. Depending on the market requirements, the National Lotteries Board may request the supplier to supply and deliver additional quantities than the usual / initial order. In such an event, the supplier should make arrangements to supply an additional quantity of a minimum of 10,000 tickets within 06 hour notice. Additional quantity too need to be printed following the printing process as described in E. 2 to the technical specifications of bid document.
C. Paper 120 GSM one side coated art paper (coated side for the front of the ticket) with Tear Index should comply with the ISO or similar standards according to the printing technology expected to be used. Brightness 90% (Minimum). Fifty (50) A4 size blank Paper samples to be attached with the Bid Document. D. Ticket Life Imaged data should be abrasive resistant and the ticket should not discolour for minimum period of six months. E. Printing of the Ticket 1. Colour Four colours in front and one colour (black) in back of the ticket. “Refer the layer background in annexure C
35 | P a g e 2. Printing Process Option – 01 Printing process should be inline from blank paper up to finishing in a single machine including variable data and security overlay printing. The security transparent overlay should be printed immediately after printing of variable data. “Refer the layer background in annexure C” Or Option – 02 Printing process should be inline with two printing machines as described below. “Refer the layer background in annexure C” The first inline machine from blank paper up to completion of front and back side printing (without variable data, perforation and security overlay.) The second inline machine from two sided printed papers (from first inline machine) up to finishing including variable data, perforation and security overlay printing. The security transparent overlay should be printed immediately after printing of variable data.
Please specify the printing process option intended to be used as the printing process (option – 01 or option – 02) with the capacity of machineries and other relevant details. 3. Availability Details with regard to the continuous supply of required number of Dhana Nidhanaya Lottery tickets in the case of machines breakdown or similar incident (alternative arrangement) shall be provided. F. Artworks Artworks will be supplied for Dhana Nidhanaya by the National Lotteries Board. The tickets should be printed according to given artwork & other specifications as specified by the National Lotteries Board.
Lottery printed Plates The lottery printed plates shall become the property of the National Lotteries Board. G. Computer Imaged Data Barcode Serial Number and Winning Numbers are required to be printed on a security scrambler pattern. The scrambler should be designed to improve the ability to detect counterfeit tickets. Ink shall not smear and/or run and/or stain under normal handling. On line Variable data printing system must be with Image verification system that provides image recognition and verification for variable data print jobs & capable of recognize human readable numbers, 1D barcodes, and 2D barcodes. This verification system configuration should support for Print-and- Verify, Read-and-Print, Read-and-Print-and-Verify, and Verify- Only capability. System should utilize state-of-the-art digital camera and image recognition technology and capable of generating log files for print data and verification information and should allow for saving non-verified print data details.
36 | P a g e H. Bar – Code, the Serial Number and QR Code:- Each ticket should bear a Bar-cord & serial number. The formation of the serial number should be of 15 digits in length comprising first digit for lottery type, next three numbers for lottery code, next four numbers for draw number, next seven numbers as serial number. In addition to above 15 digits the bar-code should carry a check digit as 16th digit (Last digit). The serial number should be reformulated by a mathematical formula to incorporated check digit and encoded into a barcode and printed on the ticket. The barcode zymology should be non-standard.
Each ticket should bear a serial number unique to each ticket. The last seven numbers of the serial number should be started from 0000001. The format of the bar-code may be changed depending on the National Lotteries Board requirements and the National Lotteries Board will notify the supplier such changes in writing at least Thirty (30) days before the printing of the relevant tickets. Each ticket should bear a QR code which consists of information related to lottery, draw, variable data, link to official web site results page and other information as specified by the National Lotteries Board which may subject to change time to time. I. Ticket Re-construction:- Where a customer presents a torn and/or damaged and/or mutilated ticket to claim a prize, the supplier, upon request of the National Lotteries Board, should be able to reconstruct such ticket configuration and determine whether it is a genuine prize-winning ticket and if so, the prize category.
J. Data Processing Requirement:- Data Base for each Draw will be generated by the Printer according to the respective prize structures & conditions given by the National Lotteries Board. Database with the serial numbers and corresponding printed numbers should be supplied in a Compact Disk (CD) with 2 copies with the final tickets delivery of specific draw. Relevant database should be encrypted using a proper encryption algorithm and digital data contained in the CD should be signed using a digital certificate issues by locally accepted certificate authority. One CD should be directly delivered to the DGM Finance and other to the Sweep Auditors at the National Lotteries Board. The format of the database shall be decided by the IT Department of the National Lotteries Board. Supplier should guarantee that the entire database CDs are readable and every single record in the database is accessible before delivery. The prize structure will be changed from time to time and the supplier has to do modification within 14 days for the data base & the tickets. Accordingly the supplier should accept the responsibility and liability for the CD.
Variable data printing and verification system should be capable of generating automatic log reports of print details, verification details and user logins. Report should generate in encrypted format. The System Generated log reports should be provided along with delivery.
37 | P a g e K. Packaging Tickets should be packed under international standard in water- resistant eco friendly Polly bags with a packing slip indicating the validation numbers of the tickets. The supplier should guarantee that each pack contains number of tickets as stated in the packing list. The National Lotteries Board shall reserve its sole right to change the number of tickets that should contain in a packet and give notice of 30 days to the supplier prior to the date of supply. L. Delivery Tickets should be delivered to the Head Office of the National Lotteries Board by the supplier in the required packaging, at least ten (10) days prior to the date of each Lottery draw. M. Ticket Identification The Supplier should adopt a security method to identify the genuineness of the prize winning tickets.
The Supplier should use a visible transparent security overlay with the text or image with pearliest over print covering entire ticket area except barcode and QR code are as a security feature/ method to protect the consumer from buying forged/fake lottery tickets. “Refer the layer background in annexure C” N. Draw Number and the Draw Date Dhana Nidhanaya will be drawn three days per week. The correct draw number and the draw date should be printed on each ticket. O. Features Online Image Verification system should be with digital camera system line scan rates with Image processing speed which is synchronized with the speed of the printing machine or third party image verification system to ensure producing high quality lottery tickets with zero errors.
The system should support almost all ink colors. P. Physical Security Implemented in the Printing Press CCTV The press should be equipped with CCTV system. The printer should provide the recorded lottery printing videos whenever requested by the National Lotteries Board. ACCESS Control The printing press should be secured with human access controls to allow only authorized personnel to the premises and need to maintain logs. Environment The raw materials, WIP, completed tickets and waste & error print materials should be separately stored in a secured manner (these materials should not be mixed with other materials which are not related to the printing of lottery tickets).
38 | P a g e GENERAL SPECIFICATIONS Ticket game parameters will be given to the selected supplier by the National Lotteries Board and they may be changed periodically by the National Lotteries Board. The general game parameters for the Dhana Nidhanaya Lottery is given below. Dhana Nidhanaya Each ticket should be incorporated with single line of 4 number combinations within the number range of 01 to 82 and alphabetical character from (A-Z) shuffled in systematic method so that the winning tickets will be evenly scattered throughout the total combinations. The distribution of numbers should maintain within 47% of gross sales as prize payout. Presently, the tickets are sold at Rs.20/- The mean occurrence of each number should be equal to each other at any level of print order within 5% tolerance. There should not be more than five (5) consecutive losing tickets. Number combination should be abbreviated in English character and printed underneath every number of the combination to avoid any possibility of alteration. The Board shall reserve the right to change the Game Parameter and give notice of 30 days to the Bidder prior to the date of supply. The serial number should be encoded in the Barcode and printed in small fonts underneath the Barcode. Facility for Future Requirements In order to facilitate future developments, the supplier may provide details with regard to capability of online embossing of foil holographic security images on tickets.
Random test Random test will be carried out on the actual quantity delivered by the supplier.
39 | P a g e Factory Inspections and Tests During the Evaluation 1. The Ministry Procurement Committee and /or Technical Evaluation Committee and / or their authorized representatives shall have free access to inspect the site where the Computerized Draw Lottery Tickets are proposed to be printed supplied and delivered. This inspection will be done prior to accepting the offers at all reasonable times without giving any prior notice. 2. At the time of inspection all machinery required to print lottery tickets as specified in the bidding documents should be made available for inspection.
3. Printing of sample computerized draw lottery tickets with requested security feature should also be demonstrated to the inspection team at the time of inspection. 4. Security Arrangement Physical environment and security arrangement should be satisfied by the TEC at the time of factory inspection. After awarding the contract The NLB or its authorized representative has the right at all times to inspect or otherwise evaluate all phases of performance under this Agreement and the premises in which it is being performed as per CC 25.9 in contract data.
40 | P a g e Section VI Conditions of Contract Table of Clauses Definitions . . 41-42 Contact Documents . . 42 Fraud and Corruption . . 42 Interpretation … … 42-43 Language … … 43 Joint Venture, Consortium or Association . 43 Eligibility … … 43 Notices … … 43 Governing Law . . 43 Settlement of Disputes … . 43-44 Scope of Supply … … 44 Delivery and Documents . . 44 Supplier's Responsibilities … . 44 Contract Price . . 44 Terms of payment . . 44 Taxes and duties . . 44 Performance security . . 44-45 Copyright . . 45 Confidential information … . 45 Subcontracting . . 46 Specifications and Standards … … 46 Packing and Documents … … 46 Insurance . . 46 Transportation . . 46 Inspections and Tests . . 46-47 Liquidated Damages … . 47-48 Warranty … … 48 Patent indemnity … … 48-49 Limitation of Liability . . 49-50 Change in laws and Regulations … . 50 Force Majeure … … 50 Change Orders and Contract Amendments … … 50 Extensions of Time … . 51 Termination . 51-52 Assignment . 53
41 | P a g e Section VI. General Conditions of Contract Section VI. Conditions of Contract 1. Definitions 1.1 The following words and expressions shall have the meanings Hereby assigned to them: (a) “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein. (b) “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto.
(c) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. (d) “Day” means calendar day. (e) “Completion” means the fulfillment of the supply of Goods to the destination specified and completion of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract. (f) “CC” means the Conditions of Contract. (g) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under the Contract. (h) “Purchaser” means the entity purchasing the Goods and Related Services, as specified in the Contract Data.
(i) “Related Services” means the services incidental to the supply of the goods, such as insurance, installation training and initial maintenance and other such obligations of the Supplier under the Contract. (j) “Subcontractor” means any natural person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier.
42 | P a g e Section VI General Conditions of Contract (k) “Supplier” means the natural person, private or government entity, or a combination of the above, whose bid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement. (l) “The Project Site,” where applicable, means the place named in the Contract Data. 2. Contract documents 2.1 Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole. 3. Fraud and Corruption 3.1 The Government of Sri Lanka requires the Purchaser as well as bidder, suppliers, contractors, and consultants to observe the highest standard of ethics during the procurement and execution of such contracts. In pursuit of this policy: (i) “corrupt practice” means offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution; (ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract.
(iii) “collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Purchaser to establish bid prices at artificial, noncompetitive levels; and (iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of contract. 4. Interpretation 4.1 If the context so requires it, singular means plural and vice versa. 4.2 Entire Agreement The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract.
4.3 Amendment No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.
43 | P a g e Section VI General Conditions of Contract 4.4 Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract. 5. Language 5.1 The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be written in English language. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of interpretation of the Contract, this translation shall govern. 5.2 The Supplier shall bear all costs of translation to the governing language and all risks of eth accuracy of such translation, for documents provided by the Supplier.
6. Joint Venture, Consortium or Association 6.1 If the Supplier is a joint venture, consortium or association, all of the parties shall be jointly and severally liable to the Purchaser for the fulfillment of the provisions of the Contract and shall designate one Parties to act as a leader with authority to bind the joint venture, consortium, or association. The composition or the constitution of the joint venture, consortium, or association shall not be altered without the prior consent of the Purchaser.
7.Eligibility 7.1 All goods supplied under this contract shall be complied with Applicable standards stipulated by the Sri Lanka Standards institute. In the absence of such standards, the Goods supplied shall be complied to other internationally accepted standards, such as British Standards. 8. Notices 8.1 Any notice given by one party to the pursuant to the Contract shall be in writing to the address specified in the Contract Data. The term “in writing” means communicated in written form with proof or receipt. 8.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
9. Governing Law 9.1 The Contract shall be governed by and interpreted in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. 10. Settlement of Disputes 10.1 The purchaser and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract. 10.2 If, after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be
44 | P a g e Section VI General Conditions of Contract commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the Contract. Arbitration proceedings shall be conducted in accordance with the Arbitration Act No: 11 of 1995. 10.3 Notwithstanding any reference to arbitration herein, (a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree and (b) the Purchaser shall pay the Supplier any monies due the Supplier.
11. Scope of Supply 11.1 The Goods and Related Services to be supplied shall be as specified in The Schedule of Requirements. 12. Delivery and Documents 12.1 Subject to CC Sub-Clause 32.1 the Delivery of Goods and Completion of The Related Services shall be in accordance with the Delivery and Completion Schedule specified in the Schedule of Requirements. Where applicable the details of shipping and other documents to be furnished by the Supplier are specified in the Contract Data. 13. Supplier’s Responsibilities 13.1 The Supplier shall supply all the Goods and Related Services included in The Scope of Supply in accordance with CC Clause 11, and the Delivery and Completion Schedule, as per CC Clause 12.
14. Contract Price 14.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid. 15. Terms of Payment 15.1 The Contract Price, shall be paid as specified in the Contract Data. 15.2 The Supplier’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered and Related Services performed, and by the documents submitted pursuant to CC Clause 12 and upon fulfillment of all other obligations stipulated in the Contract.
15.3 Payments shall be made promptly by the Purchaser, but in no case later than twenty eight (28) days after submission of an invoice or request for payment by the Supplier, and after the Purchaser has accepted it. 16. Taxes and Duties 16.1 The Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contract Goods to the Purchaser. 17. Performance Security 17.1 If required as specified in the Contract Data, the Supplier shall, within Fourteen (14) days of the notification of contract award, provide a
45 | P a g e Section VI General Conditions of Contract performance security of Ten percent (10%) of the Contract Price for the performance of the Contract. 17.2 The proceeds of the Performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract. 17.3 As specified in the Contract Data, the Performance Security, if required, shall be in Sri Lanka Rupees and shall be in the format stipulated by the Purchaser in the Contract Data, or in another format acceptable to the Purchaser.
17.4 The Performance Security shall be discharged by the Purchaser and returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the Contract, including any warranty obligations. 18. Copyright 18.1 The copyright in all drawing, documents, and other materials Containing data and information furnished to the Purchaser by the Supplier herein shall remain vested in the Suppler, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party.
19. Confidential Information 19.1 The Purchaser and the Supplier shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any documents, data or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract. Notwithstanding the above, the Supplier may furnish to its subcontractor such document, data and other information it receives from the Purchaser to the extent required for the Subcontractor to perform its work under the Contract, in which event the Supplier shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier under CC Clause 19. 19.2 The Purchaser shall not use such documents, data, and other information received from the Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaser for any purpose other than the performance of the Contract. 19.3 The above provisions of CC Clause 19 shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the Supply or any part thereof.
19.4 The provisions of CC Clauses 19 shall survive completion or termination, for whatever reason, of the Contract.
46 | P a g e Section VI General Conditions of Contract 20. Subcontracting 20.1 The Supplier shall notify the Purchaser in writing of all subcontracts Awarded under the Contract if not already specified in the bid. Such notification, in the original bid or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract. 20.2 Subcontracts shall comply with the provisions of CC Clauses 3 and 7. 21. Specification and 21.1 Technical Specifications and Drawings Standards (a) The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section V, Schedule of Requirements and when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods country of origin.
(b) The supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser. (c) Wherever references are made in the Contract to codes and standards, in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the schedule of Requirements. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser and shall be treated in accordance with CC Clause 32.
22. Packing and Documents 22.1 The Supplier shall pack the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. 23. Insurance 23.1 Unless otherwise specified in the Contact Data, the Goods supplied under the Contract shall be fully insured against losses or damages incidental to manufacture or acquisition, transportation, storage, and delivery. 24. Transportation 24.1 Unless otherwise specified in the Contract Data, responsibility for Arranging transportation of the Goods shall be a responsibility of the supplier.
25. Inspection and Tests 25.1 The Supplier shall at its own expense and at no cost to the Purchaser carry out all such tests and/or inspections of the Goods and Related Services as specified in the Contract Data.
47 | P a g e Section VI General Conditions of Contract 25.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods’ final destination, or in another place as specified in the Contract data. Subject to CC Sub-Clauses 25.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.
25.3 The Purchaser or its designated representative shall be entitled to attend the tests and/or inspections referred to in CC Sub-Clause 25.2, provided that the Purchaser bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. 25.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Purchaser. The Supplier shall obtain from any relevant third party or manufacture any necessary permission or consent to enable the Purchaser or its designated representative to attend the test and/or inspection. 25.5 The Purchaser may require the supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier’s performance of its other obligations under the Contract, due allowance will be made in respect of the delivery dates and completion dates and the other obligations so affected.
25.6 The Supplier shall provide the Purchaser with a report of the results of any such test and/or inspection. 25.7 The Purchaser may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The supplier shall either rectify or replace such rejected goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a notice pursuant to CC Sub-Clause 25.4 25.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Purchaser or its representative, nor the issue of any report pursuant to CC Sub-Clause 25.6, shall release the Supplier from any warranties or other obligations under the Contract.
26. Liquidated Damages 26.1 Except as provided under CC Clause 31, if the Supplier fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related services within the period specified in the Contract, the
48 | P a g e Section VI General Conditions of Contract Purchaser may without prejudice to all its other remedies under the Contract, deduct from the Contract price, as liquidated damages, a sum equivalent o the percentage specified in the Contract Data of the delivered price of the delayed goods or unperformed services for each week or part thereof delay until actual delivery or performance, up to a maximum deduction of the percentage specified in those Contract data. Once the maximum is reached, the Purchaser may terminate the Contract pursuant to CC Clause 34.
27. Warranty 27.1 The Supplier warrants that all the Goods are new, unused, and of the Most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract. 27.2 Subject to CC Sub-Clause 21.1 (b), the Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the country of final destination.
27.3 Unless otherwise specified in the Contract data, the warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract Data. 27.4 The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the discover thereof. The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such defects. 27.5 Upon receipt of such notice, the Supplier shall, within the period specified in the Contract Data, expeditiously repair or replace the defective goods or parts thereof, at no cost to the Purchaser. 27.6 If having been notified, the Supplier fails to remedy the defect within the period specified in the Contract Data, the Purchaser may proceed to take with a reasonable period such remedial action as may be necessary at the Supplier’s risk and expenses and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.
28. Patent Indemnity 28.1 The Supplier shall, subject to the Purchaser’s compliance with CC Sub-Clause 28.2 , indemnify and hold harmless the Purchaser and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expense, which the Purchaser may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:
49 | P a g e Section VI General Conditions of Contract (a) The installation of the Goods by the Supplier or the use of the Goods in the country where the site is located; and (b) The sale in any country of the products produced by the Goods. Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier pursuant to the Contract.
28.2 If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in CC Sub-clause 28.1 the Purchaser shall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. 28.3 If the Supplier fails to notify the Purchaser with twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the purchaser shall be free to conduct the same on its own behalf.
28.4 The Purchaser shall, at the supplier’s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the supplier for all reasonable expenses incurred in so doing. 28.5 The purchaser shall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.
29. Limitation of 29.1 Except in cases of criminal negligence or willful misconduct, Liability (a) The Supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser and
50 | P a g e Section VI General Conditions of Contract (b) The aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the purchaser with respect to patent infringement. 30. Change in Laws And Regulations 30.1 Unless otherwise specified in the Contract, if after the date of 28days prior to date of Bid submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in Sri Lanka that subsequently affects the Delivery Date and/or the Contract Price, then such delivery date and/or contract price shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions here applicable, in accordance with CC Clause e 14. 31. Force Majeure 31.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
31.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. 31.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 32. Change orders And Contract Amendments 32.1 The Purchaser may at any time order the supplier through notice in Accordance CC Clause 8, to make changes within the general scope of the Contract in any one or more of the following: (a) Drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser; (b) The method of shipment or packing;
51 | P a g e Section VI General Conditions of Contract (c) The place of delivery; and (d) The Related services to be provided by the Supplier. 32.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery / Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of the Purchaser’s change order.
32.3 Prices to be charged by the supplier for any related services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. 32.4 Subject to the above, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 33. Extensions of time 33.1 If at any time during performance of the Contract, the supplier or its Sub-contractors should encounter conditions impeding timely delivery of the Goods or completion of related services pursuant to CC Clause 12, the Supplier shall promptly notify the Purchaser in writing of the delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.
33.2 Except in case of Force Majeure, as provided under CC Clause 31, a delay by the Supplier in the performance of its Delivery and Completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to CC Clause 26, unless an extension of time is agreed upon, pursuant to CC Sub-Clause 33.1. 34. Termination 34.1 Termination for Default (a) The purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate the Contract in whole or in part.
(i) If the Supplier fails to deliver any or all of the Goods within the period specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to CC Clause 33;
52 | P a g e Section VI General Conditions of Contract (ii) If the Supplier fails to perform any other obligation under the contract; or (iii) If the Supplier in the judgment of the Purchaser has engaged in fraud and corruption, as defined in CC clause 3, in competing for or in executing the Contract. (b) In the event the Purchaser terminates the Contract in whole or in part, pursuant to CC Clause 34.1 (a), the Purchaser may procure, upon such terms and in such manner as it deems appropriate, goods or related services similar to those undelivered or not performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods or related services. However, the Supplier shall continue performance of the Contract to the extent not terminated.
34.2 Termination for Insolvency (a) The Purchaser may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the Supplier provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Purchaser 34.3 Termination for Convenience (a) The Purchaser, by notice sent to the supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.
(b) The Goods that are complete and ready for shipment / delivery within twenty-eight (28) days after the Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods, the Purchaser may elect. (i) To have any portion completed and delivered at the Contract terms and prices; and/or (ii) To cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and related services and for materials and parts previously procured by the supplier.
53 | P a g e Section VI General Conditions of Contract 35. Assignment 35.1 Neither the Purchaser nor the Supplier shall assign, in whole or in part, their obligations under this contract, except with prior written consent of the other party.
54 | P a g e Section VII. Contract Data The following Contract Data shall supplement and / or amend the Conditions of Contract (CC). Whenever there is a conflict, the provisions herein shall prevail over those in the CC. CC 1 CC 1.1(h) CC 1.1 (l) Definition The Purchasers is : - National Lotteries Board, 234/2, Galle Rd.,Colombo-03 The Project Site(s) / Final Destination(s) are/: National Lotteries Board, No. 234/2, Galle Road, Colombo 03. CC 4.3 Amendments The Agreement may be amended or modified only by giving one month prior notice of the same by any party followed by an agreement in writing signed by both parties. CC 8.1 For notices, the Purchaser’s address shall be: National Lotteries Board, 234/2, Galle Rd., Colombo 03.
For notices, the Supplier’s address shall be: . . . . CC 10.2 Disputes Should any dispute arise with respect to the Agreement the Supplier and the NLB agree to act immediately to resolve such dispute amicably. In the event that such dispute cannot be settled amicably it shall be resolved by litigation in the Sri Lanka Courts and the parties hereby submit to the exclusive jurisdiction of the Sri Lanka Courts. The Supplier agrees that the existence of a dispute notwithstanding it will continue without delay to carry out all its responsibilities under the Agreement of all non-disputed work. Any additional costs incurred by the Supplier or the NLB as a result of such failure to proceed shall be borne by the Supplier and the Supplier shall make no claim against the NLB for such costs.
CC 12 Delivery CC 12 is deleted CC 15.1 Terms of Payments Settlement of the invoices will be made within 45 days subject to the receipt of quality and quantity certificate issued by the officer appointed by the National Lotteries Board. *CC15.2 and CC15.3 are deleted. CC 16.1 Taxes and Duties NLB shall reimburse to the Supplier Value Added Tax and Nation Building Tax only. CC 17.1 Performance Security A Performance Security of 10% of the total contract sum as per the specimen given under contract forms obtained from a Commercial bank approved by the Central Bank of Sri Lanka shall be submitted within fourteen (14) days of the notification of contract award. Performance security shall be valid of 56 weeks with effect from date of signing the agreement.
CC 18.1 Copyright - (Lottery Printed Plates) The lottery printed plates shall become the property of the National Lotteries Board. National Lotteries Board may change art works from time to time. In the event of change of artwork the supplier should handover the previous lottery plate(s) to the National Lotteries Board immediately.
55 | P a g e CC 18.2 Patents copyrights and Trademarks The Supplier shall indemnify the NLB and hold it harmless from any and all claims that the method of design print and/or manufacture of a contracted lottery ticket infringes upon rights under any existing valid and recognized patent copyright or trademark currently registered as such under any state or federal law. This clause shall not apply to any breach by the NLB of any recognized patent copyright or trademark supplied to the Supplier by the NLB.
CC 19.1 Confidential Information The parties will guarantee that none of its personnel or designers shall disclose to any other person or organization any information marked "confidential" by either party. The confidential information and all other data should be used only for the purposes of this agreement and the Supplier will not at any time during or at any time after the completion, expiry or termination of this agreement use or disclose the same whether directly or indirectly, to any 3rd party without the NLB’s prior consent. CC 19.2, 19.3 and 19.4 are deleted CC 20.1 Sub-contracting The Supplier shall not subcontract or assign this Agreement or any part thereof without the prior written consent of the Chairman/Chairperson NLB. CC 20.2 is deleted.
CC 22.2 Packaging Tickets should be packed under international standard in water-resistant poly pack bags with a packing slip indicating the validation numbers of the tickets. The Supplier should guarantee that each pack contains no. of tickets as stated in the packing list. The NLB shall reserve its sole right to change the number of tickets that should be contained in a packet and shall give notice of 30 days to the Supplier prior to the date of supply. CC 24.1 Transportation Transportation of lottery tickets to the purchaser is a responsibility of the supplier. The Supplier shall indicate the available transport arrangements for lottery tickets with appropriate security measures.
CC 24.2 Delivery The Purchaser shall initiate each purchase of a quantity of lottery tickets by means of a Purchase Order sent to the Supplier. The Supplier is obliged to confirm in writing to the Purchaser the date of receipt of such Purchase Order. The Supplier is then obliged to dispatch the relevant consignment of lottery tickets to the Purchaser at least Ten days (10) prior to the date of each Dhana Nidhanaya Lottery draw. In the event that the Supplier fails to dispatch such consignment within the said period of Ten (10) days the Supplier will be Charged Rs.0.01 per ticket per day for the late deliveries of initial order. Any sum payable as liquidated damages by the Supplier to the NLB shall be deducted from the amount payable by the NLB to the Supplier for the relevant consignment of lottery tickets or any future consignment(s) of lottery tickets.
CC 25.9 Inspection and tests The NLB or its authorized representative has the right at all times to inspect or otherwise evaluate all phases of performance under this Agreement and the premises in which it is being performed.
56 | P a g e CC 26.2 liquidated damages The liquidated damages shall be 1% of the value of initial order of each draw. The maximum amount of liquidated damages shall be 10% of initial order of each draw. CC 27 Warranty The Supplier shall unconditionally warrant any lottery tickets furnished pursuant to this Agreement as being free from defects and conforming to the standards and specifications agreed to in the Agreement. CC 28 Patent indemnity * CC 28.5 deleted CC 29 Limitation of liability * deleted CC 34 Termination Any failure, noncompliance, violation, infringement, negligence or default on the part of the Supplier in respect of its obligations under the Agreement as may be determined to be so at any time by the NLB shall amount to a breach of contract in which event the NLB shall be entitled to first suspend the operation of the contract by means of a notice of suspension signed by the General Manager, National Lotteries Board and thereafter, once the approval of the Board of Directors of the National Lotteries Board has been obtained, to terminate the contract by means of a letter of termination signed by the Chairperson, National Lotteries Board. Further, should the sale of tickets and operation of the above mentioned lottery cease for any reason whatsoever, the relevant contract for the supply and delivery of such of the computerized draw lottery tickets should also be treated as being automatically and simultaneously terminated from the date of such ceasing. The National Lotteries Board shall not enter into any future contracts with any Supplier whose contract has been terminated as set out in the first paragraph above unless the Board of Directors of the National Lotteries Board grants specific approval for the same.
If the Supplier becomes bankrupt or compounds or makes any arrangement with or for the benefit of its creditors or (being a company) enters into compulsory or voluntary liquidation or amalgamation (other than for the purpose of a bona fide restructuring or amalgamation without insolvency) or has a receiver or manager appointed of the whole or substantially the whole of its undertakings or if any distress or execution will be threatened or levied upon any equipment and or software or other property of the Supplier or if the Supplier is unable to pay its debts in accordance with the law relating to this agreement this Agreement shall stand automatically terminated.
CC 36 Indemnity Where the Dhana Nidhanaya Computerized Draw Lottery Tickets are supplied and delivered, deviating from the required prize pattern of winning tickets or the numbering systems or in any other manner other than that precisely and specifically required by the National Lotteries Board, due to a willful commission, omission or error, fault, addition or deficiency of any description in the process of production, the full liability thereof shall be borne by the Supplier. Whatever the additional cost on account of prizes arising from such willful commission, omission or error, fault, addition or deficiency of any description in the process of production shall be met by the Supplier. Each successful Bidder therefore shall enter into agreement along with
57 | P a g e Cont; a valid insurance cover from an Insurance Institution to the value of Rs.10,000,000/- (Ten Million Rupees) indemnifying the National Lotteries Board against any additional cost on account of prizes arising from such willful commission, omission, or error, fault, addition or deficiency of any description in the process of production. For greater certainty and clarity, it is declared that the coverage provided by the said insurance policy is limited to Rs. 10,000,000/- (Ten Million Rupees). If the said policy provides that the Supplier must make payments before the insurer is liable, then the Supplier agrees to pay to the National Lotteries Board the amount of such, deductible that the insurer would otherwise be liable to pay. If the National Lotteries Board so requests, the Supplier shall use its best efforts to obtain from its insurer, additional insurance coverage as set out in the request. A clearly worded certificate of insurance shall be submitted with reinsurance documents issued by a recognized reinsurance Company prior to the signing of the contracts by the successful bidder. CC 37 Non confirming or defective tickets and Recovery of Commercial Loss The supplier should deliver tickets conforming to the specifications as per the Bid document and according to the approved samples. In the event of receiving defective / un-salable tickets the Chairperson, National Lotteries Board reserves the right to claim for commercial loss from the supplier ascertained by a Committee appointed by the Board of Directors of the National Lotteries Board. CC38 Excess Prizes If the tickets supplied by the supplier include more prize- winning tickets than the specified prize structure provides for the Supplier is then liable to pay the value of the excess prizes by the supplier to the National Lotteries Board, against third party actions.
CC39 Intellectual Property Rights The Supplier shall be solely responsible for the protection of intellectual property rights of the NLB and/or royalties of the product supplied by the supplier and the supplier shall undertake to save harmless and indemnify, the National Lotteries Board from and against all claims and/or demands and/or proceedings and/or damages and/or cost and/or charges and/or expenses in the event of a breach of such patent rights and/or Royalties by the supplier for the National Lotteries Board in respect of the product supplied and further, to defend the National Lotteries Board in any suit, action and/or proceeding being instituted against the National Lotteries Board and to bear all expenses incidental to and in connection with, such suit, action or proceedings in the event of such breach.
CC40 Period of contract The duration of this Agreement shall be for a One (1) year. The Supplier shall submit a Performance Security as referred to herein to be extended on a yearly basis and to tender such extensions to the NLB, so as to ensure that the said Performance Security is valid for the entire duration of this Agreement.
58 | P a g e Section viii. Contract Forms Table of Forms Page No. 1. Contract Agreement … 59-60 2. Performance Security … 61 3. Bank Guarantee for Advance Payment . 62
59 | P a g e 1. Contract Agreement THIS CONTRACT AGREEMENT is made The [ insert: number ] day of [ insert: month [ insert: year }. BETWEEN (1) [insert complete name of Purchaser], a [ insert description ]of type of legal entity, for example, an agency of the Ministry of … or corporation and having its principal place of business at [insert address of Purchaser] (hereinafter called “the Purchaser”), and (2) [insert name of Supplier], a corporation incorporated under the laws of [insert: country of supplier] and having its principal place of business at [insert: address of Supplier] (hereinafter called “the Supplier”).
WHEREAS the Purchaser invited bids for certain Goods and ancillary series, viz.,[insert brief description of Goods and Services] and has accepted a Bid by the Supplier for the supply of those Goods and Services in the sum of [insert Contract Price in words and figures, expressed in the Contract currency(ies) (hereinafter called “the Contract Price”). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to: 2. The following documents shall constitute the Contract between the Purchaser and the Supplier, and each shall be read and construed as an integral part of the Contract: (a) This Contract Agreement (b) Contract Data (c) Conditions of Contract (d) Technical Requirements (including schedule of requirements and Technical specifications) (e) The Supplier’s Bid and original price schedules (f) The Purchaser’s notification of award (g) [Add here any other document (s)] 3. This Contract shall prevail over all other Contract document. In the event of any discrepancy or inconsistency within the Contract documents, then the documents shall prevail in the order listed above.
4. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the Goods and Services and to remedy defects therein conformity in all respects with the provisions of the Contract.
60 | P a g e Section IX Contract Forms 5. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and Services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of Democratic Socialist Republic of Sri Lanka on the day, month and year indicated above. For an on behalf of the Purchaser Signed: [insert signature] in the capacity of [insert title or other appropriate designation ] in the presence of [insert identification of official witness] For and on behalf of the Supplier Signed: [insert signature of authorized representative (s) of the Supplier] in the capacity of [insert title or other appropriate designation ] in the presence of [insert identification of official witness]
61 | P a g e Section IX Contract Forms 2. Performance Security [Note: the purchaser is required to fill the information marked as “*” and delete this note prior to Selling of the bidding document] [The issuing agency, as requested by the successful Bidder, shall fill I this form in accordance with the instructions indicated]. [ issuing Agency’s Name, and Address of issuing Branch or Office … . *Beneficiary [ Name and Address of Employer … . Date . . Performance Guarantee No … … We have been informed that [ name of Supplier] (hereinafter called “the Supplier”) has entered into Contract No ( reference number of the contract] dated … with you, for the . Supply of [ name of contract and brief description] (hereinafter called “the Contract”). Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the supplier, we [ Name of Agency . Hereby irrevocably undertake to pay you any sums not exceeding in total an amount of [ amount in figures [ amount in words], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation (s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein.
The guarantee shall expire, no later than the . Day of … 20….. [Insert date, 28 days beyond the scheduled completion date including the warranty period] and any demand for payment under it must be received by us at this office on or before that date. [signature(s)]
62 | P a g e Section IX Contract Forms 3. Guarantee for Advance Payment [The issuing agency, as requested by the successful Bidder, shall fill I this form in accordance with the instructions indicated]. Date: [insert date (as day, month, and year) of Bid Submission] ICB No. and title: [insert number and title of bidding process] [issuing agency letterhead] [Beneficiary: [insert legal name and address of Purchaser] Advance Payment Guarantee no.: [insert Advance Payment Guarantee no.] We, [insert legal name and address of issuing agency], have been informed that [insert complete name and address of Supplier] (hereinafter called “the Supplier”) has entered into Contract No. [insert number] dated [insert date of agreement ] with you, for the supply of [insert types of Goods to be delivered] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, an advance is to be made against an advance payment guarantee. At the request of the Supplier we hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [insert amount(s) 50 in figures and words] upon receipt by us of your first demand in writing declaring that the Supplier is in breach of its obligation under the Contract because the Supplier used the advance payment for purposes other than toward delivery of the Goods. It is a condition for any claim and payment under this Guarantee to be made that the advance payment referred to above must have been received by the Supplier on its account [insert number and domicile of the account].
This Guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [insert date 51 ]. [Signature of authorized representative(s) of the issuing agency] 50 The bank shall insert the amount(s) specified in the CONTRACT DATA and denominated, as specified in the CONTRACT DATA, either in the currency (ies) of the Contract or a freely convertible currency acceptable to the Purchaser. 51 Insert the Delivery date stipulated in the Contract Delivery Schedule. The Purchaser should note that in the event of an extension of the time to perform the Contract, the Purchaser would need to request an extension of this Guarantee from the bank. Such request must be in writing and must be made prior to the expiration date established in the Guarantee. In preparing this Guarantee, the Purchaser might consider adding the following text to the Form at the end of the penultimate paragraph: “we agree to a non-time extension of this Guarantee for a period not to exceed [six months] [one year], in response to the Purchaser’s written request for such extension, such request to be presented to us before the expiry of the Guarantee”.
63 | P a g e Annexure A NATIONAL LOTTERIES BOARD, NO.234/2 GALLE ROAD, COLOMBO 03 BID FOR THE PRINTING, SUPPLY AND DELIVERY OF DHANA NIDHANAYA COMPUTERIZED DRAW LOTTERY TICKETS COMPANY PROFILE 1. NAME AND ADDRESS OF BIDDER … . … … … … 2. NAME & ADDRESS OF BANKERS … . . . . . 3. LOCATION OF FACTORY/ FACTORIES … . … … 4. Details of experience in business of computerized draw lottery tickets or similar products if any please give details as follows: Name of the Company Registration No. No. of years in the Trade No. of tickets printed per annum Names of the Directors from . up to date (Documentary Proof should be submitted including latest Form 20) Printing & imaging methods and type of machinery used: (Manufacturer, serial no, year of production, make and model of machine … .
… . 5. Location of production machinery and security features to avoid pilferage and burglary: … . . . 6. Production capacity in terms of number of tickets per annum . . … … 7 Minimum time required for an urgent print request of 100,000 tickets . . … … … …
64 | P a g e 8 Ability to inspect the facilities by the National Lotteries Board officials … . … … … … 9. Certified copies of the Audited Financial Statement of the Company for the last three financial years . . … … 10. Past performance in similar printing contracts (Supporting documents should be submitted) : … … … … … … 11. Provide samples of tickets with game play symbols where the tickets had been printed & delivered . .
… … I/We … … hereby, in accordance with the Bid Notice dated , Bid for the supply of the above mentioned items at the price quoted above and upon the conditions set forth therein and, should this Bid be accepted, I/We covenant and agree with the National lotteries Board of Sri Lanka to perform and fulfill each and all the conditions stipulated in the Bid Notice/Document . . Signature of Bidder Witnesses: 1. Signature . . Name . . Address . . 2. Signature . . Name . . Address . .
65 | P a g e Annexure – B Technical specification for the sample tickets should be submitted with the bid document. 1. Artwork A soft copy (vector file) of the sample ticket artwork and security overlay artwork are provided along with the bidding document. The sample tickets should be printed with the artwork provided for the tender with all security features expected to be incorporated in the delivery. A sample set of tickets is provided along with the bidding document as a guide for the dimensions for the sample tickets which should be printed and submitted with the bid. 2. Variable data Variable data should be printed in the sample tickets following the format in the sample ticket given by NLB.
3. Barcode Barcode should be placed following the format in the sample ticket given by NLB. For the barcode format please refer section H in technical specification (page number 36). The barcode font should be interleaved 2 of 5. 4. QR code QR code should consist of information as shown below. I. Lottery name :- Jayawiru II. Draw number:- 1400 III. Draw date / 2018 IV. Serial number:- from 090014000000001 to 052014000000020 V. Variable data:- Character six numbers
66 | P a g e Annexure – C